Prison Act Article 17

Where the number of inmates in a prison severely exceeds the approved capacity, the supervisory authority may flexibly adjust accommodations and arrange transfers to other prisons based on the actual conditions in each prison.A prison may file a request to the supervisory authority for permission to transfer an inmate to a designated prison under any of the following conditions:1. Where the inmate has special and necessary requirements for treatment where the prison fails to provide the necessary resources;2. Where the prison deems that enhanced rehabilitation is necessary based on the results of investigations and classification of the inmate;3. Where the inmate has significant negative impact on other inmates and it is necessary for the inmate to leave the prison;4. Where a force majeure incident requires the prison to conduct significant construction or refurbishment or where there is an emergency safety or health hazard;5. Where there is a legitimate and necessary reason based on other correctional management considerations ;6. Where the inmate actively files an application and the prison considers the reasons in the application to be legitimate and necessary.Regulations governing the procedures and conditions for prison transfer in the two preceding paragraphs, review criteria of inmates, review procedures for the transfer, implementation methodology, notifications for the inmate, family members, or nearest relatives, qualifications for filing applications in accordance with Subparagraph 6 of the preceding paragraph, and other relevant matters shall be prescribed by the Ministry of Justice.